11 Times the Second Amendment Was Attacked and Prevailed

Gun owners know that the second amendment has been constantly attacked for decades. Here are eleven of the times that the second amendment has been attacked but prevailed to protect citizens’ rights.
1. Nunn v. Georgia
Before this case in 1846, handguns were banned for private ownership by citizens. This case saw the overturning of this law, citing the second amendment as the reason. This was the first case to cite the second amendment as a reason for overturning a law.
2. United States v. Verdugo-Urquirdez
This case saw the clarification of the language of the second amendment. The court ruled that “the people” includes not only citizens but legal aliens as well.
3. United States v. Printz
This 1996 case targeted the rule of background checks for firearm purchases. The “Brady Bill” was a law that required local law enforcement be required to perform background checks on citizens attempting to purchase handguns. The Supreme Court determined that Congress could not pass legislation that would limit citizen’s ability to purchase firearms while awaiting federal oversight.
4. United States v. Emerson
In 2002, the US v. Emerson case saw that the second amendment be expanded. After having a restraining order placed on him following a divorce, Timothy Emerson was arrested for possession of a firearm while under a restraining order. This ruling determined that citizens are legally allowed to bear arms, even if they are the subject of a restraining order.
5. District of Columbia v. Heller
Prior to 2008, firearms in the home were required to be unloaded and dismantled or locked with a trigger lock. Following this case, the Supreme Court ruled that citizens are legally allowed to keep firearms in the home that are neither locked nor unloaded.
6. McDonald v. Chicago
This case came as a result of a ban in the city of Chicago that prevented citizens from private gun ownership. The Supreme Court determined that the 14th amendment right to due process ensures that the second amendment applies to all citizens in all states.
7. United States v. Day
This 2010 case was centered on the second amendment rights of criminals. While the right to bear arms is a constitutional right for law-abiding citizens, it was determined that this right does not extend to felons and untrustworthy citizens.
8. Caeteno v. Massachusetts
This Massachusetts based case affirmed that while not lethal, stun guns are regarded the same way as firearms for legal purposes. The Supreme Court determined that the second amendment extends to stun guns and protects citizens’ rights to own these weapons.
9. 21st Century Cures Act
This piece of legislature addressed the problem of firearms disqualifications for people with mental illnesses. This act reversed the previous standard that people diagnosed with mental illness were not allowed to own firearms.
10. Young v. Hawaii
This case reversed the Hawaii ban on “open carry” by ruling that states must defer to federal law in cases related to the second amendment. This decision was upheld by a 2-1 decision in the ninth circuit court and affirmed citizens’ right to bear arms.
11. US District Court Chief Judge Ramona v. Manglona
This 2018 case pertained to the US Commonwealth of North Marina Islands in regards to its heavy restrictions of firearms and their ownership. US District Court Chief Judge Ramona ruled that there were three areas of firearms regulations that were unconstitutional based on the second amendment. These included bans on calibers of long guns, an excessive tax on handgun purchases, and registration requirements.
While these are not the only times the Second Amendment has been attacked, they do show that the Second Amendment is here to stay.

Infographic Source: http://www.minutemanreview.com/2nd-amendment-facts-and-attacks/